Brief Fact Summary. Several municipalities in Colorado had passed legislation that banned discrimination against homosexuals in housing transactions. The Petitioner, Romer (Petitioner), was not leased an apartment by the Respondent, Evans (Respondent) because of his sexual orientation. Meanwhile, the state passed legislation that denied homosexuals protected class status.
Synopsis of Rule of Law. If a law neither burdens a fundamental right nor targets a suspect class, the legislation is constitutional as long as it bears a rational relation to some legitimate state interest.
Issue. By singling out a group and denying them the protected class status has the Colorado amendment violated the Equal Protection Clause of the United States Constitution (Constitution)?
Held. Yes. A law declaring that it shall be more difficult for one group of citizens than all others to seek aid from the government is a denial of equal protection in the most literal sense. Amendment 2 classifies homosexuals to make them unequal to everyone else and does not further a proper legislative end.
A status-based enactment divorced from any factual context from which we could discern a relationship to legitimate state interests; it is a classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit.View Full Point of Law